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SCHEDULE 2S General powers of National Park authorities

LandS

5(1)For the purposes of its functions, an authority may—

(a)acquire by agreement,

(b)if authorised by the Scottish Ministers, purchase compulsorily,

any land situated within the National Park.

(2)Sub-paragraph (1)(b)—

(a)does not apply in relation to Crown land within the meaning of section 242 of the Town and Country Planning (Scotland) Act 1997 (c.8), and

(b)is subject to any other enactment conferring on the authority power to acquire land compulsorily.

(3)The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) applies in relation to the compulsory purchase of land under sub-paragraph (1)(b) as if—

(a)that provision were contained in an Act in force immediately before the commencement of that Act, and

(b)the authority were a local authority.

(4)The power to purchase land compulsorily under sub-paragraph (1)(b) includes power to acquire a servitude or other right in or over land by the creation of a new right.